Fort Myers Estate Planning Lawyer

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Things You Should Never Put in Your Will

A will is a vital estate planning document, and allows you to distribute
your assets and property according to your wishes. However, there are
several items that should NOT be included in a will:

Property held in a living trust or joint tenancy – property deeded to a living trust cannot be willed to someone
else, and a will cannot change the right of survivorship in joint tenancy,
which passes to the joint tenant by law.

Accounts with designated beneficiaries – financial accounts and life insurance proceeds go to beneficiaries
who are designated by you via a designated beneficiary form, and cannot
be given to someone else through a will.

Contingency gifts – leaving assets that are contingent on the beneficiary performing
a duty or act (like marrying or attending college) is not always legal.
Generally speaking, you cannot “manage from the grave” by
making an inheritance contingent on someone getting married, changing
their religion, etc.

Provisions for those with special needs – this should be done via a special needs trust.

Provisions for pets – pets do not have the legal ability to own property, so consider
establishing a pet trust to care for your pet(s).

Funeral instructions – since a will may not be read until after the funeral, leave instructions
for your funeral arrangements in a letter of instruction or discuss your
wishes with loved ones.

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The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.